Case note: Opposing the instruction of defendant’s proposed expert at CCMC

On 6th April 2021, CPR Part 1, the Overriding Objective, was amended by the addition of CPR 1.6 and Practice Direction 1A which makes provision for how the court is to give effect to the overriding objective in relation to vulnerable parties or witnesses. At a CCMC on 9th April 2021, in what must be one of the first hearings at which the new PD was considered, the Claimant succeeded in preventing the Defendant instructing their favoured psychiatric expert in a historic sexual abuse case on the basis of the new provisions.

Justin Valentine, Personal Injury and Clinical Negligence Barrister considers the participation of vulnerable parties or witnesses in litigation.